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CORRESPONDENCE ,,( v4/Z 6 '1_ uCJ-,t' The City of Boynton Beach OFFIG'E OF THE CITY ATTORNEY 100 E. BOYNTON BEACH BOULEVARD P. O. BOX 310 EO YNTON BE"'ACH, FLORIDA 33425- 0310 : (56]) 742-6050 FAX: (56]) 742-6054 VIA FACSIMILE ONLY (561) 274-8305 May 6, 2005 Carl Cascio, Esquire 525 NE 3rd Avenue Delray Beach, Florida 33444-3818 ./ Re: Revocable License Agreement for Florida Collision Center Dear Mr. Cascio: Attached please find a drafurdvocable License Agreement for your review and comment. Should you have any questions or comments, please do not hesitate to contact me. Very truly yours, /!1ld~' J!l~ ~ichael J. P Jelczyk j II Assistant Ci Attorney / / MJP /lms cc: Jeff Livergood David Kelley Pete Mazzella Ed Breese S:\CA\LETIERS\Atty Cascio- Records Production - Brown.dot AMERIOA'S GATEWAYTO THE GULFSTRJiJAM The City of Boynton Beach OFFI()E OF THE CITY ATTORNEY 100 E. BOYNTON BEACH BOULEVARD P.O. BOX310 BO YNTON BEACH, FLORIDA 3342.5- 0310 : (.56]) 742-60.50 FAX: (.56]) 742-60.54 VIA FACSIMILE ONLY (561) 274-8305 May 6, 2005 Carl Cascio, Esquire 525 NE 3rd Avenue Delray Beach, Florida 33444-3818 Re: Revocable License Agreement for Florida Collision Center Dear Mr. Cascio: Attached please find a dra~reVocable License Agreement for your review and comment. Should you have any questions or comments, please do not hesitate to contact me. ve:~tru~IYYO~S' A vLf cC' 'J 4Jc,e,' ,'. pJ!', #6 Michael 1. fiCZYk 1) Assistant cJjl~tomey 1/ MJP/lms cc: Jeff Livergood David Kelley Pete Mazzella Ed Breese S:\CA\LETTERS\Atty Cascio- Records Production - Brown.dot AMERIOA '8 GATEWA Y TO THE GULF8TREAM DRAFT PREPARED BY AND RETURN TO: Michael J. Pawelczyk, Esq. Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Space Reserved for Recording Information REVOCABLE LICENSE AGREEMENT THIS IS A REVOCABLE LICENSE AGREEMENT ("Agreement") entered into on this _ day of , 2005, by and between: CITY OF BOYNTON BEACH, a Florida municipal corporation (the "City"), and , a (the "Licensee"). WHEREAS, Licensee owns real property adjacent to a City alley right-of-way located between N.E. 8th Avenue and N.E. 9th Avenue and between N. E. 3rd Street and Railroad Avenue ( aka N.E. 4th Street) in Boynton Beach, Palm Beach County, Florida; and WHEREAS, the City is presently the owner of this dedicated 10' alley right-of- way; and WHEREAS, the dedicated right-of-way aforementioned IS depicted on the attached Exhibit "A"; and WHEREAS, the Licensee desires to occupy and use a portion the property within the right-of-way adjacent to its property and desires to enter into a Revocable License Agreement with regard to the use of the right-of-way as set out below; and 1 Revocable License - Florida Collision Rev. 04/29/05 DRAFT WHEREAS, pursuant to Resolution No. _, adopted at its meeting of , 2005, the City Commission of the City of Boynton Beach authorized the proper City officials to enter into this Revocable License Agreement; NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the adequacy and sufficiency of which are acknowledged, the parties agree as follows: 1. Recitals. The above recitals are true and are incorporated into this Agreement. 2. Grant of License. City hereby grants to Licensee the revocable right, license and privilege of using a portion of the property (the "License Area") within the right-of-way depicted on Exhibit "A" subject to the limitations and conditions hereinafter set forth. Licensee is the owner of real property adjacent to said License Area; Licensee's property being more particularly described in Exhibit "B" attached hereto and incorporated herein. 3. Term. The term of this License shall commence the day of 2005, and shall expire ten (10) years from that date, unless terminated earlier as hereafter set forth. The Agreement may thereafter be renewed for successive terms of five (5) years each upon the mutual consent ofthe parties. ~ . I 4. Compensation. Licensee shall pay the City a one time document preparation charge of AND 00/100 ($ .00) DOLLARS, and an annual license fee of ONE AND 00/100 ($1.00) DOLLAR, payable in advance for the initial term of the Agreement. Accordingly, the initial payment by Licensee to City for the initial term of ten (10) years is AND 001100 ($_.00) DOLLARS. In the event of termination or revocation of this Agreement, there shall be no refund of any portion of the License Fee. 5. Use of Premises. a. Licensee shall use and occupy the License Area only for uses not inconsistent with this Agreement or in a manner contrary to applicable law. Licensee is authorized to install security fencing, subject to the Code of Ordinances and applicable permits being obtained at Licensee's expense and cost. b. License Area shall not be used for any other purpose by Licensee without an advance written amendment ofthis Agreement. c. Licensee further agrees that all City, public, and private utilities have rights to locate said utilities and necessary facilities in the License Area, and the right to access said License Area to construct, maintain, replace, and repair said utilities and associated facilities. City shall be permitted 2 Revocable License - Florida Collision Rev. 04/29/05 DRAFT immediate access to the Licensed Premises 24 hours a day, 7 days a week. Licensee shall provide City with a key to any gated area. Further, should it be necessary for City to remove any fencing or other fixtures, structures, personal property, etc. from the Licensed Premises in order to construct, maintain, replace, and/or repair utilities under or over the Licensed Premises, the fence may be removed by the City at Licensee's expense. Any replacement or repair of the fence shall also be the responsibility of and at the cost and expense of the Licensee. d. Licensee agrees that the License Area shall not and will not be used in a manner which adversely impacts the health and safety of the License Area, the neighboring properties, and those individuals who may be In, on, about, over, or near the License Area. 6. Limitations on Use. Licensee agrees that it shall not: a. Permit the License Area, without the advance written consent of the City, to be used or occupied by any person, firm, entity or corporation other than Licensee and its agents. b. Permit or allow any nuisance or hazardous activity, trade or occupation to be permitted or ~aqied on, in or upon the License Area. I c. Keep in or about the License Area any property, item(s) or thing(s) that have the effect of increasing the risk of any hazard, fire or catastrophe. d. Permit or commit upon the License Area, any waste, injury, or damage of any kind. e. Permit the License Area to be used or occupied in any manner which violates any laws, rules, statutes, ordinances, policies, or regulations of any governmental entity, including City. f. Park or store equipment or vehicles on any portion of the licensed License Area. g. Permit, install, or construct any pavement, structures, gazebos, decking, gyms, tiki huts, or any other obstructions or equipment other than irrigation equipment and fencing as provided in Section 9 on the License Area. h. Conflict with any and all private and public utilities located or to be located in the License Area. 7. Assignment. Licensee shall not voluntarily, involuntarily or by operation of law, assign, sell, pledge, grant a security interest, or in any manner transfer the License 3 Revocable License - Florida Collision Rev. 04/29/05 DRAFT or any interest therein or grant any right to the License Area without the prior written consent of City, which such consent City may grant or withhold in its absolute discretion. 8. Damage to Premises. Licensee shall not, by its use or occupancy, cause any damage to the License Area. Licensee agrees that all personal property placed upon the License Area shall remain the property of Licensee unless not removed when requested by City and shall be placed upon the License Area at the sole risk of Licensee. Licensee shall give the City, or its designated agent, prompt written notice pursuant to Section 17 of this Agreement, of any occurrence, incident or accident occurring on the License Area. 9. Permits. a. The Licensee shall obtain a permit for the installation of any irrigation equipment, including but not limited to sprinklers and sprinkler equipment and plumbing. Such permit will be issued after Licensee or its contractor, submits a permit application and acceptable plans to the City in accordance with the City of Boynton Beach Code of Ordinances and the Florida Building Code. b. The Licensee shall obtain a permit for the installation of any fencing, on the License Area.. Such permit will be issued after Licensee or its ..., . ~ contractor, submits' a permit application and acceptable plans to the City in accordance with the City of Boynton Beach Code of Ordinances. Concrete, block or similar walls shall not be permitted on the License Area. c. The Licensee shall submit plans for the installation of any such improvements to the City at least thirty (30) days before beginning installation work and shall not install any improvements until written approval and permit is obtained from the City. d. The Licensee shall notify the City within five (5) days after installation of any permitted improvements has been completed. The City may require Licensee to reinstall or remove the improvements if the improvements do not comply with the approved plans. e. Licensee is responsible for assuring that its approved contractor also observes all laws and ordinances of the CITY, County, State and Federal agencies having jurisdiction over the operation ofthis Project. f. The City, its agents and its authorized employee may enter upon the License Area at all reasonable times and hours to examine same to determine if Licensee is properly maintaining the License Area and any improvements permitted by this Agreement. 4 Revocable License - Florida Collision Rev. 04/29/05 DRAFT 10. Indemnification. a. Licensee shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action of any kind arising directly or indirectly from this Agreement and resulting or accruing from any intentional act or any negligent act, omission or error of Licensee which in turn results in or relates to injuries to body, life, limb or property sustained in, about or upon the License Area or the improvements or both, arising from the use of the License Area. b. Licensee shall defend, at its sole cost and expense, and legal action, claim or proceeding institute by any person against the City as a result of any claim, suit or cause of action accruing or in any way arising out of this Agreement for injuries to body, life, limb or property as set forth above. c. Licensee shall save the City harmless from and against all judgments, orders, decrees, attorneys' fees, costs, expenses and liabilities incurred in and about any claim, and the investigation or defense of them, which maybe entered, incurred or assessed as result of the foregoing. 11. Insurance. '!'. ,. ! a. Without limiting any of the other obligations or liabilities of Licensee, Licensee shall provide, pay for and maintain in force the insurance overages set forth in this section, at all times as well assure the City coverage of the protection contained in the foregoing indemnification provision undertaken by the Licensee. b. Comprehensive general liability with mImmum limits of one million dollars ($1,000,000.00) per occurrence, combined single limit for body injury liability and property damage liability coverage, shall be afforded and shall include: (1) premises, operations or both; and (2) City is to be included as an "additional named insured; and (3) Notice of Cancellation and/or Restriction - the policy(ies) must be endorsed to provide City with thirty (30) days' advance written notice of cancellation or restriction. c. Licensee shall provide the City with a copy of all insurance policies required by this paragraph showing the City has been named as an additional named insured under such policies. d. Renewal of the insurance and provision of a copy of such renewal to the City on an annual basis is the responsibility ofthe Licensee. 5 Revocable License - Florida Collision Rev. 04/29/05 DRAFT e. Upon request by City, Licensee shall provide the City with a copy of all insurance polices required by this paragraph showing that City has been named as an additional named insured under such policies. 12. Maintenance and Repair of Licensed Premises; Removal. a. It shall be the responsibility of Licensee to maintain and keep the License Area clean, sanitary and free from trash and debris. The upkeep and maintenance of the License Area licensed under this Agreement shall be borne solely by Licensee, and Licensee agrees to maintain the License Area in accordance with the terms and conditions of this Agreement and consistent with prudent and reasonable maintenance procedures and techniques. Licensee specifically agrees to install and maintain the improvements in a manner that will not pose a hazard to persons or vehicles on adjacent property or the improved right-of-way. Licensee acknowledges and agrees that this maintenance and upkeep responsibility extends to any portion of the License Area which may be located on the other side of a fence or wall of Licensee. b. Licensee agrees that it will replace any and all landscaping and public improvements which are damaged as a result of the construction of the Project utilizin~. fhe same quality of materials and workmanship as approved by the City Engineer of City. c. Licensee acknowledges that it will bear any and all costs associated with removal of any improvements encroaching on the License Area upon receipt of notice to remove from City. In the event Licensee fails to remove all or any part of such improvement or encroachment within thirty (30) days after written demand by the City to do so, City is authorized to remove the encroachment or any portion of it and all costs associated with the removal shall become a lien against the real property described in Exhibit "B" of this Agreement, which lien may be enforced through foreclosure and shall include court costs and reasonable attorneys' fees. 13. Amendment. No modification, amendment or alteration of the terms or conditions contained in this Agreement shall be effective unless approved and executed, with the same formality and of equal dignity herewith. 14. Surrender Upon Termination. Licensee shall peaceably surrender and deliver the License Area to the City or its agents immediately upon expiration of the term of this Agreement. Licensee shall remove from the License Area, at Licensee's own expense, anything placed on the License Area unless the City, in writing, authorizes licensee to leave any landscaping, improvements or both on the License Area. The City shall have no obligation to move, reinstall, replace or in any way compensate Licensee for any loss resulting from or arising out of the termination of this Agreement. The 6 Revocable License - Florida Collision Rev. 04/29/05 DRAFT Licensee agrees to return the License Area to a safe condition following removal of the improvements. Licensee shall be obligated to repair or pay for any damage to the License Area resulting from the removal of the improvements. i 15. Waiver. Failure of the City to insist upon strict performance of any covenant or condition of this Agreement or to exercise any right contained in this Agreement shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right, but the same shall remain in full force and effect. None of the conditions, covenants or provisions of this Agreement shall be waived or modified except in writing and by the parties to this Agreement. 16. Termination. This Agreement may be canceled with or without cause at any time by either party upon ninety (90) days written notice to the other of its desire terminate Agreement. 17. Notice. Any notice or demand, which under the terms of this Agreement or by any statute or ordinance is to be given or made by either party, shall be in writing and shall be given by certified or registered mail, return receipt requested, sent to the other party at the address set forth below, or to such other address as such party may from time to time designate by notice: IF TO CITY: -..- . i City of Boynton Beach Attn: City Manager 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33325 IF TO LICENSEE: 18. No Property or Contract Right. Licensee expressly acknowledges that pursuant to the terms hereof, it gains no property or contract right to the continued maintenance of the License Area, other than as expressly provided herein. Licensee further acknowledges that the License granted herein is revocable at the will of the City and in the City's sole and unfettered discretion, subject to the terms and conditions hereof. 7 Revocable License - Florida Collision Rev. 04/29/05 DRAFT 19. Taxes. Assessments: Operating Costs and Utility Charges. a. Licensee shall payor cause to be paid all real estate taxes, assessments and other similar payments, usual or unusual, extraordinary as well as ordinary, which shall during the term be imposed upon, become due and payable, or become a lien upon the License Area or any part thereof, but specifically limited to such taxes or assessments which accrue after the Effective Date hereof, by virtue of any present or any future law of the United States of America or of the State of Florida or of any county or municipal authority. Licensee shall, upon request, exhibit receipt for such payments to the City annually. Further, subject to Section 19.b. below, as of the Effective Date hereof, Licensee shall payor cause to be paid all operating expenses, such as those for light, electricity, charges for water, and all costs attributable to the maintenance and operation of all improvements to be erected upon the License Area or landscaping within the License Area. b. Licensee shall have the right to review, by legal proceedings, any taxes, assessments or other charges imposed upon it. If any such taxes, assessments or other charges shall be reduced, canceled, set aside or to any extent discharged, the Licensee shall pay the amount that shall be finally assessed or impJsid against the License Area or adjudicated to be due and payable on any disputed or contested items. c. If, as a result of any legal proceedings pursuant to the provisions of section 19.b. hereof, there is any reduction, cancellation, setting aside or discharge of any tax or assessment, the refund shall be payable to Licensee, and if such refund be made to the City, then and in that event the City shall regard such refund as held in trust for the benefit of Licensee and shall immediately pay over the same to the Licensee. The term "legal proceedings" as used in this Section shall be construed to include appropriate appeals from any judgments, decrees or orders, or certiorari proceedings. 20. License. not Lease. It is acknowledged and stipulated by and between the parties hereto that this Agreement shall not be deemed a lease of the License Area by City but rather a License granted to Licensee by City to use and occupy the License Area under the terms and conditions stated herein. 21. Recordation. This Agreement shall not be effective until it has been executed by all parties and recorded by Licensee in the Public Records of Palm Beach County, Florida, at Licensee's expense. Immediately thereafter, a copy of the recorded Agreement shall forthwith be filed with the City Clerk of City by the Licensee. 8 Revocable License - Florida Collision Rev. 04/29/05 DRAFT 22. Covenants running with the land. The provisions of this Agreement are covenants running with the land described as Licensee's property above, and are binding upon Licensee and its respective successors and assigns. 23. Execution. This Agreement shall be of no force and effect if not properly executed by all parties within ninety (90) days from the date first appearing above, unless the parties by mutual agreement in writing shall, for good cause, extend the time for execution. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH Mayor Attest! Authenticated: City Clerk Approved as to Form: Office of the City Attorney 9 Revocable License - Florida Collision Rev. 04/29/05 DRAFT WITNESSES: LICENSEE [Witness print/type name] [Witness print/type name] STATE OF FLORIDA: COUNTY OF PALM BEACH: The foregoing,.. .instrument was acknowledged before 2005 by and on behalf of corporation. He/she is personally known to me or has as identification and did not (did) take an oath. me this as a produced (SEAL) Notary Public, State of Florida Signature of Notary taking Acknowledgment) Name of Notary Typed, Printed or Stamped My Commission Expires: Commission Number h:\l 990\9001 82.bb\agmt\revocable license - florida collision.doc 10 Revocable License - Florida Collision Rev. 04/29/05 Revocable License - Florida Collision Rev. 04/29/05 DRAFT EXHIBIT "B" LICENSEE'S PROPERTY ,,' l., 12 CITY OF BOYNTON BEACH City Attorney's Office Memorandum TO: David Kelley, Jr., City Engineer CC: jJeffLiVergood, Director of Public Works . Michael Rump, Director of Planning & Zoning Michael J. Pawelczyk, Assistant City AttornefY6)( March 25,2005 FROM: DATE: RE: City of Boynton Beach ("City")\Proposed Alley Abandonment for Florida Collision Center and Boynton Beach Real Estate Enterprises, Inc. N.E. 8th and N.E. 9th Avenues Enclosed please find correspondence from Attorney, Carl A. Cascio whose client is apparently pursuing an abandonment at the above location. Mr. Cascio has requested that our office prepare a Revocable License Agreement. Before I initiate preparation of the Revocable License Agreement, I need direction from City staff as to whether or not a Revocable License Agreement as described in the attached correspondence should be prepared. Accordingly, please advise whether or not a Revocable License Agreement should be prepared, and if so, provide me with the appropriate exhibits for a Revocable License Agreement including the legal description, sketch of the license area, and postal address of the license property. I look forward to your immediate response. I will be providing a copy of this memorandum to Carl. A. Cascio, Esq. for his information. MJP:dk Attachment( s) h:\1990\900182.bb\memo 2005\kelley (proposed alley abandonment).doc foIr ~ ~ ~ ~ W ~ m! \~n~ r llli lid, l , I I I , ~ \ L : L 1 : . ~-" iD ~ LAW OFFICES Carl A. Cascio, EA. PINEAPPLE GROVE PROFESSIONAL CENTER 525 N.E. 3RD AVENUE SUITE 102 DELRAY BEACH, FLORIDA 33444 TELEPHONE (561) 274-7473 FAX (561) 274-8305 www.casciolaw.com Carl A. Cascio OF COUNSEL Gary S. Gaffney BOARD CERTIFIED REAL ESTATE ATTORNEY March 17,2005 Mike Pawelczyk, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 Fort Lauderdale, FL 33308 Re: Proposed Alley Abandonment Florida Collision Center, and Boynton Beach Real Estate Enterprises, Inc. NE 8th and NE 9th Avenues Dear Mike: It is my understanding that David Kelley, Jr., the City Engineer had forwarded a letter of March 10, 2005 in reference to the above referenced proposed alley abandonment. In his letter, he referenced a Revocable License Agreement that would be prepared by the City Attorney's office that my client would be required to executed in connection with this abandonment. I would appreciate it if you could immediately forward to my attention a copy of any proposed Revocable License Agreement for my review. If you are in need of any additional information which may have not already been provided to you, please do not hesitate to contact my office and speak with my secretary, Teresa and she will be happy to forward these to your attention. Very truly yours, ~/ ~c__~,~ 4!;;!:~ascio CAC/tfgw cc: client .. '0 The City of Boynton Beach P.D. Box 310 Boynton Beach, Florida 33425-0310 PUBLIC WORKS DEPARTMENT FAX- (561) 742-6285 www.boynton-beach.org OFFICE OF THE CITY ENGINEER March 10, 2005 OO~@~OW~[Q) MAR 1 0 2005 Carl A. Cascio, P.A. 525 N.E. 3rd Avenue - Suite 102 Delray Beach, Florida 33444 PLANNING AND ZONING DEPT. Re: Proposed Alley Abandonment Florida Collision Center, and Boynton Beach Real Estate Enterprises, Inc. NE 8th and NE 9th Avenues Dear Mr. Cascio: This Division is in receipt of your March 18t letter, received on March 4th in regards to the above noted subject matter. As I stated to you in our last letter of January 25,2005, the 10-foot alley contains both a 4-inch water main and a 8-inch VCP sewer line, both "live and well" and servicing several properties (including your clients) along both Railroad Avenue (NE 4th Street) and NE 3rd Street to the west. This Division cannot concur with any abandonment application on this alley in order to accommodate your client(s) intention to create a unity oftitle on the three (3) contiguous parcels (lots 148 thru 150) of property [actually it appears that four (4) parcels (including made up lot components to the west) are the crux of your discussion], unless the existing right-of-way would be converted into a utility easement (not to be fenced in) for its full length and width. Your letter appears to agree with this condition, per se. However and as an alternative, and having stated this Division's position, the City Attorney's Office has developed a revocable license agreement that possibly could be used that would allow the fencing of the property for security purposes, but would provide that the City could revoke the license at anytime, would require insurance and indemnification requirements, provide access to the City (especially to access the utility lines contained therein), and provide that the City would require the removal ofthe fence for any purpose (i.e., utility lines). This avenue would require your client's agreement with the City Attorney's Office on the parameters of the license agreement, along with concurrence of the City's Utilities Department and this Division. Again, if you have any further questions, please advise this office. America's Gateway to the Gulfttream . .. Carl A. Cascio, P.A. Proposed Alley Abandonment, FL Collision Ctr. & RR Real Estate Enterprises, Inc. March 10, 2005 Page 2 Sincerely, #~ H. David Kelley, Jr. P City Engineer HDK/ck xc: Peter Mazzella, Deputy Utility Director Mike Pawelczyk, City Attorney's Office Mike Rumpf, Director, P & Z Division Ed Breese, Principal Planner, P & Z Division File S:\Engineering\Kribs\Abandonment (Alley)-Fl Collision Ctr & B.B. Real Estate Enterprises, NE 8th & 9th A ve..doc ~ LAW OFFICES Carl A. Cascio, EA. Carl A. Cascio PINEAPPLE GROVE PROFESSIONAL CENTER 525 N.E. 3RD AVENUE SUITE 102 DELRAY BEACH. FLORIDA 33444 TELEPHONE (561) 274-7473 FAX (561) 274-8305 www.casciolaw.com OF COUNSEL Gary S. GaHney BOARD CERTIFIED REAL ESTATE ATTORNEY March 1, 2005 H. Dave Kelley, Jr. City Engineer Boynton Beach City Hall 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Re: Florida Collision Center and Boynton Beach Real Estate Enterprises, Inc. Abandonment of Alley Right of Way Dear Mr. Kelley: I am in receipt of your letter of January 25, 2005. As I gather from your letter, you appear to be concerned with the possibility of any improvements being constructed within the alley right of way which may require the relocation of the utility systems. Your last sentence in paragraph two seemed to indicate that because the relocation of the utility systems would be cost prohibitive, that you would recommend denial or disapproval of the application. Please accept this letter as our attempt to address your concerns on this matter. Specifically, my client currently owns three parcels which are all contiguous as set forth in the surveys, which were forwarded to you under cover letter of January 21,2005. The purpose of the Application for Abandonment of the alley right of way is so that my client can file a unity of title on all of his properties. These properties currently have three separate tax parcel identification numbers requiring my client to pay three separate tax bills each year. By abandonment of the right of way, this will allow for unification of title and my client will only have to pay one tax bill under on parcel identification number. I am sure you would agree that this makes more sense and is much more streamlined for my client. Additionally, my client would be willing to dedicate an easement to the City of Boynton Beach for any and all utilities, including the water main and waste water lines, that lie within the alley right of way, which would preserve the easement area in its current condition and allow for maintenance of the utilities by the City without any interference. My client has no plans to build over any portion of the alley right of way or to make any physical improvements or accessory units within the alley right of way. Additionally, my client will allow the continued access to the easement as it currently exists. Ifthere are any other concerns which you have, which led to your initial recommendation for denial or disapproval of the Application for Abandonment of the alley right of way, I would appreciate it if you could outline those so that we may be afforded the opportunity to address those before making application for the abandonment. I hope this letter has addressed any and all concerns you have with the Application for Abandonment with respect to the City Utility Departments continued access to its water main and waste water lines. I look forward to your response to this matter. Very truly Y<::l,~r.s:,:::-> / ./.i'''',_ I;,L-~" " L-/L'--' Carl A. Cascio CAC/tfgw cc: Mike Rumpf, Director of Planning and Zoning Division Ed Breese, Principal Planner, Planning and Zoning Division Client -,~."..._-,",- , '--'---::---,---- " ,,-- i~.' ; ;"\ J' ~-. /' / I : ~ LAW OFFICES C /11~"- ( (cfvr1~~ 1'/ . P ~tu4~ / t"y r f' hdA<- -I'1..~S5? I( !- t' Carl A. Cascio, RA. Carl A. Cascio PINEAPPLE GR' 525 N.E. 3RD AVENUE SUITE 102 DELRAY BEACH, FLORIDA 33444 TELEPHONE (561) 274-7473 FAX (561) 274-8305 www.casciolaw.com OF COUNSEL Gary S. GaHney BOARD CERTIFIED REAL ESTATE ATTORNEY November 2, 2004 Jim Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 Fort Lauderdale, FL 33308 Re: My client: Andrew Cohen Florida Collision Center Dear Jim: Please be advised the Law Office of Carl A. Cascio, P.A. represents Florida Collision Center and Andrew Cohen in connection with his recent rezoning of his properties in order to unify the zoning and land use. My client at this time wishes to move forward with unification of title to all the parcels that he now owns and on which the business is located. However, in order to accomplish this, you require the City to abandon its right of way of the alley way which lies in between the parcels prior to this unity of title. I am enclosing a copy of a survey for your review so you may locate the alley way which we are requesting that the City abandon at this time. Please contact me at your earliest convenience or direct me to the appropriate person in planning and zoning to deal with so that we can move forward with this abandonment process. Very truly yours, r:-~- -'---',' (j'" . .' .....' '" ./ " ,.,....",..~ ,."~ L".~,G. Carl A. Cascio CAC/tfgw , (?t\e ~;:)'\.. v.) b,: ,1 ~~. {ii, " (] (,,{.... 1'. '" ;~ ~\ .~. . :..,., !...,." ,< 'f)-. "":"~' :~~ ,,,'t'r,-"'~','~i::i!', LEGE/'lJ: - CENTERLtE CONe = CONCRETE LR. = 5/8" RON ROO WITH CAP #L8 353 HAL = NAL AM) DISK /1.8 353 +12.31" [LEVA T/ON BASED ON NA TIONAL GEODETIC VERTlCALDA TIM 1929. SOI.RCE: FLORDA GEOLOGICAL SURVEY BENCH MARl< "B ~8" ,",<- FLOOD zOfEt"a,~''t 't,,- "'; . DESCRPTm LOTS 148. 149 AM) 150 ARDEN PARI<, ACCORDNG TO TfC PLA T TfCREOF AS RECORDED tv PLA T BOOK 2. PAGE 96; PLfJUC RECORDS OF PALM BEACH COUVTY. FLORDA. MAP OF BOUNDARY SURVEY IIERCBY CCRTFY THAT TI6 Sll!VfY WAS /IADC IJIlJER AlY RESPONSIBlL ~ AIIJ./ltfTS THE: IiHA.IM TCCHICAL STAJI)ARDS AS SCT FORTH 1/y ntfFLORf)A .' BOARO. OF PROFCSSlONAL Sll!VfYORS AND IJAPPCRS II CHAPTeR t11G'7-6. FLORIDA AOIMSTRAT/VC COOC. Pf.f1SUANT ro SECTION 472.027. FLORIOA STATUTCS, PAUL D. ENGLE /lOT VAW WITHOUT TIE SlGNAMf: AND SURVEYOR AND MAPPER #:5708 TI/C _L RAISCD SEAL OF A FlORJDA lK;CNSEO SURVCYOR A/IO lIAPPC1I. O'BRIEN, SUITEf?'~'O'BRIEN, INC. LAND SURVEYORS . CERTIFICA TE Of AUTHORIZAJ1ON ILBJ5J SURVEYOR AND IiAPPER ~ RfSPONSBLE CHARGE: PAUl. D. ENGLE 2601 NORTH FmfRAL HlGHWA r. DfiRA Y BEACH, FLORfDA JJ48J (561) 276-4501 7J2-J279 FAX 276-2J90 MFr CF SUMY APRL 25. 2001 FE1D IKIIJI( PA /10. 8155 3 ~ SCALE' i" = 20' OROCR NO.' 01-67d ~... I ~' / I / --L--_;----1 / , +1179/ ~/~ - I ~ I ~ I I I I ~' tvr .:1. ~, c::,1'" :!\~ ~/~ ~. ~, [fENCHUARK:TOP 1-- - ~M'fb.7~~ _ -f.-.!:!:E:.. 9TH A '{ENUE _ +12.J1 PtIo V!O o !il POL! WITH ANCHOR SET IR. '-. I I ~ h ~ 'I ~, II ~. 137.00' POLE MTH tIoNCHOR - - ---. .--- o~~J - LIES (TYPfCAL) LOT 150 --- ------- fCP . [)f-'1S--If.2.I- /fj_()""_ /'1';0 9.7' 11I8' ~'()'n\ \) \ ~ , ~. -\0 De. Cl ..~ N ~~" , '" ~ --- o !il ".,..tj~"" ~i*' it 8H LOT 149 Fl.OCR+U60 1 STORY ~ fa EU..DNG ~---- /90' ~ LOT (J '" o (J 148 60.0' ~ PAV!O PtIo V!O ,\ ,Y" POL! ~~ .~ ..~ ;-:#;. ,~..\~:jZ; , .~'.. . . "..re. . I I I i t--' .. ."'" .~." . .'11 ... ~ 'Clf: LEGEND: f == CENTERLINE I.R. == 5/8" IRON ROD WITH CAP iL8 353 - - == OVERHEAD UniTY LNES _ == CHAIN LINK FENCE ~- ~ )~ , ., "".J .'11" :::,;~'k'~ ~ 'j;"', .' "ANCHOR i"~:'".:.:/<;.:WQOD F.ENCE ",. FLOOD ZONE': C ,~'"<lJtt~, ' ,. "~?'.~,~ "~-j,:;":~i.";i'!,~~....:k"'" ";_!(!,-:"J~",,i-" '<""i4':;r'~:,; -. t==- ! 1 ~::~ ~ DESCRIPTION: THE EAST 50 FEET OF LOT 145, TOGETHER WITH THE EAST 35 F::::T or ~)TS 145 N!D 14?,~RDf.N PARK, ACCORDtVG TO THE PLA T T/-EREOf' AS Rf$ORDE:D IV PLA T BOOK 2, PAGE 96 Of' TI€ PUBLIC ~caRDS'bF PALM Bt'A'CH COUVTY, FLORIJA. . (J,5JlfikAN> 50 FEET Dl..tENSIONS ARE AS MEASURED ~LOT LNES) I ~ ~. Ii;'! OJ '1;,_'(>-'l'-'If-o~~-I'IjC.. MAP OF BOUNDARY SURVEY I HEREBY CERTIFY THA T THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE AND lEfTS THE: /J/N/MUIJ TfCHNlCAL STANDARDS AS SfT FORTH BY THE: FLORiDA BOARODF1fIOFESS1ONAI:.SuRVEYOI/S.pfJJlAPPE:RS 1/ CHAPTfR 611;1l,6. FLORfOA ADMlNlSTRATIVf: coot, PlIISUANT'TOEtDM72,f/27.!!-f!l!'PA_"'!',I.!f1Tf5. '0 NOT VALO WITHOUT THe SIGNA rlJRC AND THE ORIGINAL RAISED SCAL OF A FLORIDA LICENSED SURVCYOR AND MAPPeR. O'BRIEN, SUITER & O'BRIEN, INC. LAND SURVEYORS CERTIFICA TE OF AUTHORIZA nON ILB353 SURVEYOR ANO MAPPfR IN RESPONSIBLE CHARGE: PAUL 0 ENGLE 2601 NORTH FEDERAL HlGHWA Y, OELRA Y BEACH, FLORIDA 33483 (561) 276-4501 7J2-J279 FAX 276-2J90 OA TE OF SlAI.-ry WI Y 2~ 2001 FELO BOOK PAGE NO. 8.73 n B.155 5 SCALf. I" == 20' OROfR NO.. 75-/45db , ~",.'fII/(If'~" IF------ .~ I I , if;t ~E I ~ ee ~' ~ I i eee~ I ~ r'"/ ~- ,:;- ~ IIC. ~I: SH VAIL .t OISK iL8 J5J (WITI~CS~; CORNCR) "POLE j oJ-"}-'! ,- ,'iI..,,"-'iIil)....;~""'~~'i"::r/'; . : :~~~~~,...." '" ,~\.."',J.IIJ ~~"-ll!,,~~Io\'<,,"~/.r <~bW af lil-:J: tii; ANCHOR :2 e;."~.'f -",-- : NOT SET 50.00' I '%>. 0.6' ..~tJi~~ii Ss ~ liS NOT":: 8ROKCN p~ VEMCNT NO T LOCA TEO LOT 145 'R h-\ O\~ 40 ~ dcardoree\ seT !R. 2.0' NORTH (WITlESS CORtER) ~;""'-::' ~~"'"O T 146::;;.;:;.c I ..., , a / .... '" ~ 't.., I / ~ -- '- -- ~ (:J . -- LOT .147~ji:;.~.- (Juv 08-'-(}-'(S -ll.lt- oo~./'I:>I ~L;<I I N.E. 8 TH A \/ENUE 8' PAw,G I ''''''''-. 'f.. f:~'j, ,: ,} :~;', . --. DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 05-041 MIIt&, TO: Michael J. Pawelczyk Assistant City Attorney City Attorney Office ?- H: David. Kelley, Jr., PE/PSM ' City Engmeer ' DATE: April l, 2005 ryL, k7IlD ~ ~~ W1T?+ 1'l-I-e rz.e=g r 6f 7l-f-€ ~f:JIVP~ ~ f}-HS~' FROM: SUBJECT: Revocable License Agreement to-foot Public Alley Florida Collision Center ---r-~~ I Eh IA W with your March 25, 2005 memorandum on the above noted subject, please be advise that this Division steadfastly has held for denial of any abandonment of the 10- foot alley in this area (refer to your copy of our letter of January 25th to Attorney Cascio). You are reminded that our March loth letter to Mr. Cascio offered an alternative of creating a revocable license agreement of this alley in lieu of any abandonment, which was subsequent to our discussion on the subject. You are reminded that this alley contains both water and wastewater system lines servicing the general area. Thus, abandonment is not an option. Please prepare a Revocable License Agreement, which would allow Florida Collision Center the use of the alley real estate since they own property on both sides of the alley, allow them to fence in their 'compound' for control purposes, but would allow the city's Utilities Department accessibility to service the utility systems within the 'compound' in the event it was necessary. Attached is two (2) copies of the proposed Exhibit "A" containing the legal description of the lO-foot alley, and a pictorial exhibit reflecting its location. There is no postal address for this alley. If you have any questions as to the logical approach of this issue or what the Department of Public Works / Engineering Division is agreeing to accomplish, please advise me. Your effort on this matter will be appreciated. HDK/ck xc: Jeff Livergood, PE, Director of Public Works Peter Mazzella, Deputy Utilities Director Ed Breese, Principal Planner, P & Z Division File S:\Engineering\K.ribs\Florida Collision Center, Revocable License Agreement - 10' Public Alley.doc EXHIBIT "A" CONVERSION OF RIGHT -OF- WAY TO UTILITY EASEMENT LEGAL DESCRIPTION A 10-foot alley located south ofNE 9th Avenue, east of Lots 145 thru 147, north ofNE 8th Avenue, and west of Lots 148 thru 150, as shown on the plat of ARDEN PARK, an Addition to Boynton, Florida, as recorded in Plat Book 2, Page 96, Public Records of Palm Beach County, Florida. I I I Ir._ :---- \-. I I ------- J ~ r-. ~ I I '" I . ~ l..J ~ I 1 __'. _ .... -----J L_ __ T --. - ---... ",-!!,!,--- b CC I, II I I ~ ~. . 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